JOINT CITY COUNCIL/ CITY COUNCIL AS SUCCESSOR AGENCY TO DISSOLVED REDEVELOPMENT AGENCY MEETING MINUTES COUNCIL CHAMBERS 901 SHERMAN AVENUE January 26, 2016 6:30 PM A. CONVENE, PLEDGE OF ALLEGIANCE, AND ROLL CALL Present: Absent : Mayor Eklund Mayor Pro Tem Athas Councilmember Fryday Councilmember Drew Councilmember Lucan None Also Present: Interim City Manager Cathy Capriola, Public Works Director Russ Thompson, Engineering Manager Julian Skinner, Finance Manager Brian Cochran, Assistant City Attorney Veronica Nebb and City Clerk Sheri Hartz. Members of Girl Scout Troop # 30538 led the Pledge of Allegiance. B. CLOSED SESSION ANNOUNCEMENT No closed session was scheduled. C. CEREMONIAL MATTERS/PRESENTATIONS No items were listed for this section. D. APPROVAL OF FINAL AGENDA, WAIVER OF THE READING OF ORDINANCES AND NOTICES OF INTENT Mayor Pro Tem Athas moved, Seconded by Councilmember Drew, to approve the Final Agenda, Waiver of the Reading of Ordinances and Notices of Intent. The motion was approved unanimously. Mayor Eklund made comments about decorum. E. PUBLIC COMMENTS 1. Peggy Hill 2. Tony Piazza 1
3. David Wilner 4. Eleanor Sluis 5. Trish Boorstein 6. Al Dugan 7. Peter Rubens 8. John Bliss 9. Tina McMillan 10. Peter Mendoza 11. David McLaughlin Interim City Manager Capriola responded to questions raised during Public Comment. F. CONSENT CALENDAR 1. ADOPT CITY COUNCIL MINUTES OF DECEMBER 22, 2015 The Council approved the minutes of the December 22, 2015 meeting. 2. FINAL RESPONSE TO THE MARIN COUNTY CIVIL GRAND JURY REPORT ON CIVIC OPENNESS IN NEGOTIATIONS Council approved the City's final response to the Marin County Civil Grand Jury report on Civic Openness In Negotiations. 3. APPROPRIATE FUNDS TO REPLACE NOVATO ARTS CENTER WHEELCHAIR CEQA DETERMINATION: The proposed action includes a finding of Exemption from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301. Council adopted Resolution No. 5-16 amending the fiscal year 2015-2016 budget to appropriate an additional $110,000 from the Hamilton Arts Center Fund (242) to fund ADAcompliant wheelchair ramp construction at 502 South Palm Drive (Beso Bistro) and 781 Hamilton Parkway at The Novato Arts Center, adopting a categorical exemption pursuant to CEQA, and authorizing Keegan & Coppin Company to award the construction contract. 4. APPOINTMENT OF CATHY CAPRIOLA TO THE OVERSIGHT BOARD FOR THE FORMER NOVATO REDEVELOPMENT AGENCY Council appointed Cathy Capriola, Interim City Manager/Assistant City Manager, to the Oversight Board for the dissolved Novato Redevelopment Agency as a replacement for Michael Frank. 2
G. UNFINISHED AND OTHER BUSINESS No items were listed for this section H. PUBLIC HEARINGS No items were listed for this section. I. GENERAL BUSINESS 5. CONSIDERATION OF AND DIRECTION REGARDING FUNDING CONSTRUCTION OF A DOWNTOWN SMART TRAIN STATION 1. Consider three options relating to the funding of the construction of a downtown SMART train station on Grant Avenue at Railroad Avenue ("the project"): a. Option 1 - Fund construction of a full station, b. Option 2 - Fund construction of only an initial phase of the station, or c. Option 3 - Do not fund a downtown station at this time. 2. In conjunction with Options 1 or 2, if chosen, provide staff direction on the following items: a. Method in which to pay for anticipated project costs, i.e. one-time payment, debt financing, or hybrid; and, b. Key components for negotiation of the Reimbursement Agreement (as outlined in the staff report) that will need to be approved by the City and the SMART Board. 3. If Council gives direction to move forward with Options 1 or 2, direct staff to return on February 9, 2016 with the following action items: a. Options and recommendation regarding funding sources and strategy (one-time funds and/or debt); b. Resolution with funding direction, making findings that the project is consistent with the requirements of the California Environmental Quality Act (CEQA), and approving and authorizing execution of a Reimbursement Agreement. 4. If the Council gives direction on Option 1 or 2 on January 26th, then authorize SMART to utilize the remaining funds from the original $100,000 feasibility study to begin refinements of costs in order to keep this project moving forward while the implementation actions are being finalized and brought forward to the Council and SMART. Ms. Capriola introduced the item before turning the presentation over to Director Thompson. Engineering Manager Skinner provided information about ridership. Assistant City Attorney Nebb provided an overview of CEQA issues related to the project. Finance Manager Cochran 3
presented the options available to fund the project. Ms. Capriola spoke about the reimbursement agreement with SMART that would come back to Council on February 9th and about the public outreach effort that had been undertaken on the project. Following the presentation, the team responded to Councilmember questions. PUBLIC COMMENTS 12. Steve Rempe 13. Lawrence Reynolds 14. Bill Scott 15. Anne Wade 16. Chris Donohue 17. Eleanor Sluis 18. Pip Mead 19. John Tornes 20. Randy Stemmer 21. Munir Haddad 22. Matt Knoles 23. Al Dugan At 9:05 p.m., Council took a brief recess and then reconvened at 9:11 p.m. PUBLIC COMMENTS (continued) 24. Don Wilhelm 25. Peter Mendoza 26. Gail Wilhelm 27. Ian Gillis 28. Marla Fields 29. Pat O Doul 30. Peter Rubens 31. Tina McMillan 32. Joan Goode 33. Ingrid Petersen 34. Michael Podshadley 35. Sigmund Herz 36. Alice Hoffman 37. Katherine Roos 38. Carolyn Thompson 39. David McLaughlin 40. Steven Sattler 41. Tracey Ruiz 42. Elizabeth Ferris 43. Barry Buckley 44. Julia Norton 45. Jerry Peters 4
Mayor Eklund enumerated questions raised during Public Comment and asked staff to respond. Councilmember discussion followed. Councilmember Lucan moved, Seconded by Councilmember Fryday, to Approve authorizing SMART to move forward with the construction of a downtown SMART train station, using the Option 2 - Phased Approach, as described in the staff report. The motion was carried 3-2-0-0, with Mayor Eklund and Councilmember Drew voting No. At this time, the Council discussed whether to fund the project through use of one-time funds, debt financing or a hybrid of the two. Councilmember Drew felt the project should be funded outright with Measure F monies. Councilmember Fryday preferred that debt financing be pursued for all costs, and looked to staff's recommendation as to whether either 20 or 30 year financing was advisable. Mayor Pro Tem Athas supported debt financing using the Hamilton Trust Fund. Councilmember Lucan also felt that debt financing for all costs through the Hamilton Trust Fund for a longer term. Mayor Eklund stated that financing of $2.2 M over 30 years was her preference and that the additional $200,000 needed should come out of the General Fund. Council then discussed their preferences related to six key issues that would be included in the Reimbursement Agreement, with consensus being reached that they were in favor of an opt out provision, an exit provision, and a service guarantee that would include negotiating with SMART for a mutually agreeable solution, and sections in the agreement related to insurance, bonding and indemnity, facility maintenance and accounting. Mayor Pro Tem Athas moved, Seconded by Councilmember Lucan, to approve using the remainder of the $100,000 already paid to SMART, of which approximately $50,000 was used for the feasibility study, to get the work started while we finish drafting the agreement. The motion was approved unanimously. 6. DIRECTION ON SCHEDULING AN AGENDA ITEM TO DISCUSS NOTICING, PUBLIC OUTREACH AND PUBLIC ENGAGEMENT PROCESS If desired, schedule a discussion on a future agenda regarding potential changes and/or improvements to the City's noticing, public outreach and public engagement processes. In addition, provide input on the desired level of staff resources to be used and background research desired. Due to the lateness of the hour, this item was postponed to a future meeting. PUBLIC COMMENTs 46. Cliff Jacobs 5
J. COMMISSIONS, COMMITTEES AND BOARDS (CCB's) APPOINTMENTS No appointments were made to fill vacancy/vacancies on Council Commissions, Committees or Boards. K. COUNCILMEMBER/CITY MANAGER REPORTS Councilmember Lucan reported on his attendance of the recent Marin Transit meeting, where it was discussed whether they would be able to provide service to the north Novato station. Councilmember Drew reported that she had attended the League's New Mayors and Councilmembers Academy, which was very educational. Councilmember Fryday reported that he had also attended the New Mayors and Councilmembers Academy. Mayor Pro Tem Athas reported that she had attended her first League Housing, Community and Economic Development Policy Committee meeting, and also had attended the Marin Clean Energy Board meeting. Mayor Eklund stated she had attended the MLK Day march; the New Mayors and Councilmembers Academy; the League's Environmental Policy Committee meeting, where several interesting topics were discussed, and mentioned that a $12 per parcel tax was being considered for bay restoration. She also complimented the Paint the Town Red event and said she appreciated everyone's attendance. L. WORK STUDY SESSION No items were listed for this section. M. ADJOURNMENT At 11:14 p.m., the meeting was adjourned. I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the Novato City Council /Sheri Hartz/ Sheri Hartz, City Clerk 6